Willis v Abraham [2024] NSWSC 626

Willis v Abraham [2024] NSWSC 626

Because the defendant did not press any claim to 7 Red Lion Street, a timetable for vacating had been agreed, and granting conditional leave to issue a writ of possession would avoid unnecessary further costs consistently with s 56 of the Civil Procedure Act 2005 (NSW) and the overriding purpose of the UCPR, judgment was entered for the plaintiff for possession of 7 Red Lion Street and conditional leave was granted to issue a writ of possession if the keys were not delivered by the specified deadline.

Jurisdiction
Australia
Judgment Date
24 May 2024
Procedural Posture
Proceedings for Possession of Real Property Commenced by Statement of Claim / Procedural Ruling Making Orders Disposing of Part of the Proceedings and Listing the Matter for Directions
Outcome
Judgment entered for the plaintiff for possession of 7 Red Lion Street; defendant granted leave to file and serve an amended defence; plaintiff granted conditional leave to issue a writ of possession; proceedings listed for directions.
Legal Topics
['possession of Land' 'adverse Possession' 'writ of Possession' 'amended Defence' 'directions']
['property' 'civil Procedure'] ['possession of Land' 'adverse Possession' 'writ of Possession' 'amended Defence' 'directions']

Case Brief

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Procedural Posture

Proceedings for Possession of Real Property Commenced by Statement of Claim / Procedural Ruling Making Orders Disposing of Part of the Proceedings and Listing the Matter for Directions

Legal Issues

  1. 1 ['Whether judgment should be entered for the plaintiff for possession of 7 Red Lion Street, Rozelle NSW 2039 where the defendant did not press any claim to that property.' 'Whether the plaintiff should be granted leave to issue a writ of possession under r 39.1 of the Uniform Civil Procedure Rules 2005 (NSW) if the keys to 7 Red Lion Street were not delivered by the agreed date.' 'Whether the defendant should have leave to file and serve an amended defence.' 'What directions should be made for the continuing dispute concerning 5 Red Lion Street.']

Ratio Decidendi

Because the defendant did not press any claim to 7 Red Lion Street, a timetable for vacating had been agreed, and granting conditional leave to issue a writ of possession would avoid unnecessary further costs consistently with s 56 of the Civil Procedure Act 2005 (NSW) and the overriding purpose of the UCPR, judgment was entered for the plaintiff for possession of 7 Red Lion Street and conditional leave was granted to issue a writ of possession if the keys were not delivered by the specified deadline.

Court Disposition

Judgment entered for the plaintiff for possession of 7 Red Lion Street; defendant granted leave to file and serve an amended defence; plaintiff granted conditional leave to issue a writ of possession; proceedings listed for directions.

Orders

  • ["The defendant is granted leave to file and serve by Wednesday 31 May 2024 its Amended Defence substantially in the form served under cover of the letter from her solicitors to the plaintiff's solicitors dated 21 May 2024." 'Judgment is entered for the plaintiff for possession of lot 2, deposited plan 737387...